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(영문) 대구지방법원 2021.03.31 2021노65
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the defendant's family members living together with the victim's mind, and the defendant escaped for 6 years without cooperation with the investigation, and the total amount of damage to the victims exceeds 1.5 million won, and the defendant's non-agreement with the victim B, C, and D is an unfavorable circumstance to the defendant.

However, in the case of the accused, the accused recognizes and reflects his own crime, and there is no criminal conviction exceeding the fine.

The Defendant agreed with the victim E, and the victim E wishes to take the Defendant’s wife.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, family relations, growth background, living environment, etc., the sentence imposed by the court below is unreasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is identical to the corresponding column of the judgment of the court below, except for the case where "1. Part of the defendant's court statement" is "1. The defendant's court statement" as "the defendant's court statement" in the column of evidence. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act, which is applicable to the crimes under Article 347(1) of the same Act;

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